Today’s Edition: If we don’t do it, who will?

July 8, 2021

          President Biden visited the congressional district of Democratic Representative Lauren Underwood, who occupies a potentially vulnerable seat in Crystal Lake, Illinois, the only Chicago-area suburb that Trump won in 2020 (by a margin of 4,000 votes). Biden’s foray into contested territory was a departure from the strategy of his predecessor, who only visited safe districts with adoring crowds. In visiting a purple district, it was to be expected that Trump supporters would show up to distract from Biden’s message. In fact, only about two dozen Trump supporters gathered on the lawn outside the MCC arena where Biden was speaking. For the most part, they spent their time checking their cell phones. Patch.com, “Biden Visits Crystal Lake; Trump Supporters Rally Outside MCC.” Biden’s appearance highlighted the American Families Plan, which would invest in education, limit childcare expenses, and make permanent the tax credits for working families granted under the American Rescue Plan. The appearance was a nod to normalcy: A sitting president stumping for his legislative priorities. Good! We need more of that!

          In the bizarre parallel universe occupied by the Republican Party, its presumed presidential nominee in 2024 spent his day trying to make a martyr out of an insurrectionist who was killed on January 6th while trying to break into the inner sanctum of the Capitol.  See Talking Points Memo, “Boom Right Through the Head … There Was No Reason for That.” In fact, the insurrectionist was shot while climbing through a smashed security window that was the last physical barrier between a violent mob and members of Congress. In claiming that there was “no reason for that,” Trump was attempting to absolve himself of responsibility for the insurrectionist’s death. It was Trump who told the crowd to go to the Capitol to “fight” to “stop the steal”—which is exactly what they did.

          Trump is not the only right-wing politician attempting to canonize Ashli Babbitt. Paul Gosar, Ron Johnson, Marjorie Taylor Greene and others are attempting to rewrite the history of January 6th. Don’t let them do it. Recalling the violence of January 6th is traumatic, but if you can bring yourself to do so, please watch a  video report by the NYTimes, “Day of Rage: How Trump Supporters Took the U.S. Capitol.” I initially resisted reader suggestions that I watch the video; I spent the entire day of January 6th watching the events unfold live (and wrote three newsletters that day describing the events in real time). But the NYTimes has brought context and order to events that seemed chaotic at the time. They were not. The attack was coordinated and purposeful. The insurrectionists intended to stop Congress from performing a constitutional duty. Though painful, the report reminds us that what happened on January 6th was a serious assault on democracy. It reminds us that those who assaulted the Capitol should spend time in prison, not on “home confinement” or providing community service. It reminds us that the apparently rudderless response by the Department of Justice is not enough.

          I continue to worry that Democrats are losing the messaging war over January 6th. Trump and others are telling lies every day about the “peaceful” protests by patriotic Americans who were abused by Capitol Police. Who among Democrats is driving the narrative about the reality of what happened on January 6th? You can be part of the solution. Tell reluctant friends and family (like me) to watch the NYTimes’ video. No rational person who watches the video will be susceptible to the lies that Republican Party is spreading. Help spread the truth. If we don’t do it, who will?

Report from a reader about the For the People Act (H.R. 1 / S.1)

          I received a note from a reader who is a member of an Indivisible chapter in Senator Chuck Schumer’s district. (Indivisible’s motto is “We beat Trump, now let’s save democracy!”) The reader provided a report on a meeting with a representative from Senator Schumer’s office regarding efforts to pass S.1 / H.R.1, the “For the People Act.” I found the report encouraging, so I share the following details with you (with permission from the reader).

          1.  S1 continues to be the singular focus for Senator Schumer. He is well aware that passing S.1 is essential to protecting the right to vote in the critical 2022 midterms.

          2. There are multiple, ongoing discussions behind closed doors about changing the filibuster. Leadership is focused on bringing appropriate pressure to bear on Senator Manchin and others in the Democratic caucus who are reluctant to eliminate the filibuster.

          3.  We need to pressure President Biden to publicly support changing the filibuster. See WhiteHouse.gov, “Write or Call the White House.”

          4.  Senator Schumer wants a vote on S.1 by late July or early August—before the August recess.

          The reader’s report was more hopeful in tone than my own thinking on the prospects for passage of S.1. I hope she is right. Whatever happens, we need an “up or down” vote on S.1. If so-called “moderate” Democrats intend to exalt Senate rules over the bedrock of democracy, they should be forced to do so on the record.

Disappointing development regarding Justice Breyer’s intentions.

If Democrats lose the Senate in 2022, Mitch McConnell will block any Biden nominee to the Supreme Court. Justice Stephen Breyer is the second most senior member of the Court (after Clarence Thomas). If Justice Breyer does not resign in the near-term, the likelihood is that his seat will remain vacant until he can be replaced by a nominee appointed by a Republican president. Breyer has apparently bristled at calls for him to resign.

          Each year, Supreme Court justices select law clerks who are recent graduates of law school to assist in the research and writing of opinions. On Monday, Justice Breyer selected four law clerks for the 2021-2022 term of the Court. See SCOTUS Blog, “Court releases names of law clerks for 2021-22 term.” Justice Breyer can still resign any time he wants, selection of clerks notwithstanding. But in the information vacuum about Justice Breyer’s intentions, this is an unsettling and disappointing development. Yet another reason that reform of the Supreme Court cannot happen soon enough.

The overwhelming efficacy of vaccination.

          Despite the rise of SARS-CoV2 variants, those who have received vaccinations continue to be protected against serious illness and death. See CNN, “In Maryland, every person who died of Covid-19 in June was unvaccinated. That's not an aberration, experts say.” It is true that vaccinated people can contract the Delta variant (and others); but they are not dying from those infections. Vaccination rates have stagnated despite the strong evidence of efficacy. So, what is the right-wing of the GOP doing in response to this good news? Answer: Comparing vaccination campaigns to tactics used by the Nazi “brown shirts.” See NBC News, “Rep. Marjorie Taylor Greene refers to Nazi-era 'brown shirts' in opposing vaccination push.” Republicans outwardly pretended not to be aware of Greene’s remarks and inwardly cheered her on. In failing to condemn the public health menace that she represents, she remains a member in good standing of the GOP caucus, courtesy of cowardly Kevin McCarthy.

A sign of Trump’s growing desperation.

          When Twitter and Facebook banned Trump from their platforms, he announced the creation of a “Trump-friendly” social media platform. Several of his acolytes did the same. To date, those endeavors have been miserable failures. So, Trump is crawling back to Facebook and Twitter by filing a lawsuit in a vain attempt to regain access to those platforms. It isn’t going to work. See The Hill, “Trump files lawsuit against Facebook, Twitter and Google.” Erwin Chemerinsky, Dean of Berkeley Law School, said, “[O]ne of those basic principles of constitutional law [is that] private entities don't have to comply with the Constitution” regarding alleged “censorship.”

          The Biden administration meets with Saudi Prince implicated in murder of Jamal Khashoggi.  

          Readers of the newsletter know that I am a fan of Joe Biden. He is a good man who may have saved our democracy. But I have been consistently disappointed by his backpedaling regarding accountability for the murder of journalist Jamal Khashoggi. As a candidate, Biden promised to make Saudi Arabia a “pariah” over the killing of Khashoggi. On Tuesday, Biden’s administration met with Saudi Prince Khalid bin Salman, who is reputedly the top representative of Prince Mohammed bin Salman (“MBS”). US intelligence identified MBS as the person who ordered the killing of Khashoggi; Prince Khalid allegedly lured Khashoggi to the Saudi consulate in Istanbul where he was murdered. See Josh Rogin in WaPo, “Opinion | The Biden team welcomes Saudi Prince Khalid bin Salman, connected to the murder of Jamal Khashoggi.”

          The Biden administration hid the meetings with Prince Khalid—presumably out of shame and embarrassment. Khalid nonetheless took photos and tweeted pictures of his meetings with the Secretary of Defense, the National Security Adviser, and other top foreign policy officials. Biden made a mistake by reneging on his campaign promise and compounded that error by allowing an accused accomplice in the murder of Khashoggi to meet in the U.S. with senior administration officials. One reason that foreign dictators feel emboldened to kill their opponents is because they believe the international community, including the U.S., will look the other way when it becomes inconvenient to hold them accountable. In this instance. MBS was right. He ordered the killing of a U.S.-based journalist, and the U.S. welcomed his personal envoy (and accomplice) with open arms.  Biden is better than this. The international standing of the U.S. has been diminished by his failure to honor the courage of his convictions.

Concluding Thoughts.

          The note from the reader who is a member of an Indivisible chapter was a good reminder that joining with others in collective action is one of the most effective forms of political organization. Small groups serve as force multipliers—a good strategy in itself. But the community of an advocacy group can also serve to sustain its members during challenging times—like this moment. If you can, join a group committed to defending democracy. If you already belong to such a group, reach out to others who may be suffering in silence and frustration. They will be glad to be included and may have more to add than expected. It is trite, I know, but the saying is true: “We are in this together”—whether we like it or not! So, we may as well “like it” by associating with other like-minded people.

          Talk to you tomorrow!